Williams v. Colter Energy Services USA, Inc.

Filing 7

ORDER by Magistrate Judge Charles S. Miller, Jr granting 6 Motion to Substitute Party. (ZE)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Tristan Williams,
Plaintiff,
vs.
Colter Energy Services USA, Inc.,

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ORDER

Case No. 1-18-cv-36

Defendant.

Before the court is a Motion to Substitute Party, wherein Plaintiff seeks to substitute Misti
Williams for Tristan Williams as the named Plaintiff in this matter. (Doc. No. 6). In the motion,
Plaintiff indicates Tristan Williams has passed away since the filing of this action and Misti
Williams is his wife. Fed. R. Civ. P. 25(a)(1) provides:
If a party dies and the claim is not extinguished, the court may order substitution of
the proper party. A motion for substitution may be made by any party or by the
decedent's successor or representative. If the motion is not made within 90 days after
service of a statement noting the death, the action by or against the decedent must be
dismissed.
Counsel for Plaintiff filed a notice of death with the court on April 30, 2018. (Doc. No. 4). The
motion to substitute, filed on May 31, 2018, was within ninety (90) days of that filing. Additionally,
the claims, at least by Tristan Williams’s estate, may remain.
Accordingly, substitution under Fed. R. Civ. P. 25(a)(1) is proper and the court GRANTS
the Motion to Substitute Party. (Doc. No. 6). Plaintiff shall file an amended complaint with the
court indicating this substitution within fourteen (14) days of today’s date. The substituted party,
however, must be the real party in interest and the amended complaint must reflect the nature of that
party’s interest and the capacity in which that party brings suit. From the filing of the amended

complaint, Defendant shall have twenty-one (21) days to answer or otherwise respond.
IT IS SO ORDERED.
Dated this 1st day of June, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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